General Alcohol & Drug Policy (cont. from Student Code & Policies)

General Alcohol and Drug Policy

Franklin & Marshall College is committed to maintaining a healthy and safe environment that promotes respect for oneself and others, zero tolerance for disruptive behavior resulting from alcohol and other drug abuse, and compliance with the law. The policy is meant to encourage responsibility of individuals to themselves and each other, to establish procedures and guidelines consistent with local, state, and federal law, and to hold individuals and groups accountable for actions that are in violation of the policy.

The College expects each student as well as all faculty and employees to obey federal, state and local laws concerning alcoholic beverages. Students, faculty and staff who are legally privileged to use alcohol are expected to do so in a way that does not bring discredit upon themselves or the College or interfere with the rights, freedoms, or safety of others. The College further stresses that any student who illegally uses alcoholic beverages is subject to the jurisdiction of the civil authorities as well as College disciplinary procedures. The College defines its relationship with students in this area as non- custodial and stresses that there is no “special relationship” created by their status as students as it pertains to the law. The College will take no responsibility for any actions taken by students, faculty or staff who have been drinking, whether on or off campus.

General

All faculty, staff and students are expected to abide by local, state, and federal laws pertaining to the manufacture, distribution, possession, or use of alcohol, including providing alcohol to a Franklin & Marshall student or other individual who is under age 21.

All College-owned and College approved housing is subject to all the policies contained in the College Life Manual, including this Alcohol Policy.

College-sponsored (departments and/or recognized student organizations) events with alcohol present must be approved by College administration in advance of the event (a minimum of 10-day advance notice though some events may require more advance notice.)

Students and their guests who are 21 or older may consume alcoholic beverages in their rooms responsibly. However, excessive volumes of alcohol are prohibited in College-owned or College-approved residential facilities in which students reside, and at activities in College owned/approved residential facilities and on campus grounds that have not been registered with and approved in advance by College officials. Students must also adhere to all housing and lease regulations related to social gatherings –i.e., occupancy limits and keg bans. All private parties with twenty or more guests where alcohol may be served must register their event with the Office of Student Affairs. Guidelines for private party registration can be found at the Office of Student Affairs.

Furthermore:

All social events sponsored by a recognized student organization at which alcohol may be consumed must be registered with and approved in advance by the appropriate College official.

Individuals may not carry alcoholic beverages in an open container on campus property except at registered College functions at which approval has expressly been granted for such behavior.

Open containers of alcohol are prohibited on City streets.

In accordance with state law, College employees (including House Advisers) may not serve alcohol to minors or purchase alcohol for consumption by minors.

College monies may not be used for purchasing alcoholic beverages for underage students, and alcoholic beverages may not be sold on campus or by any student group.

The College very strongly discourages students from taking part in drinking games and prohibits the consumption of grain alcohol since both activities have led to alcohol abuse and critical medical situations for our students in the past.

Under no circumstances will the consumption of alcohol constitute a mitigating circumstance.

Event Registration and Protocols

Student events involving alcohol and sponsored by a student organization must be approved in advance by the Dean of the College and Vice President for Finance and Administration. The following protocols must be adhered to:

All student events involving alcohol that are sponsored by a student organization must either contract with a third party vendor or follow B.Y.O.B. guidelines (see below.)

Events must be registered through the Office of Student Engagement (student organizations) or the Office of Fraternity and Sorority Life (Greek organizations.)

Alcohol permitted at events is limited to wine, beer and fermented beverages (cider).

Event hosts must provide sufficient food and non-alcoholic beverages (in addition to water) in proportion to the number of people in attendance throughout the function.

All events must have a OSE manager or third party security in attendance for the entirety of the event to check id’s and monitor the function. Students must use F&M ID (checked with birthday list) and non F&M guests must show a valid state license.

Guidelines for B.Y.O.B. events

A College-approved bartender (T.I.P.S. or licensed) and security (FPS advisor or third-party) must be in attendance for the entirety of the event.

Event security/FPS adviser will be responsible for checking Id’s and wrist-band protocol. Wrist-band boxes will be available for pick up from Department of Public Safety.

B.Y.O.B. events also adhere to all of the above general event registration and protocols.

Fraternities and Sororities

Fraternity and Sorority Housing is, per the discretion of the College, “Approved College Housing” and is subject to all the policies contained in the Student Life Manual, including this Alcohol Policy.

Individual chapters must follow their own national policies.

The College retains the right to approve all socials for the chapters allowed by their national policy to host socials.

All socials approved by the College will adhere to the BYOB guidelines provided in the North American InterFraternity Conference publication, Making Bring Your Own Beverage Events Happen. This resource guide contains suggestions for safe and practical implementation of BYOB events. The Making Bring Your Own Beverage Events Happen can be obtained from the NIC(http://www.nicindy.org/byob-hosting-safe-social-events/).

The College also supports the efforts of the Fraternal Information and Programming Group (FIPG). The mission of FIPG is: “To promote sound risk management policies and practices and to be the leading resource of risk management education, programming and information to the broad based constituency involved in all aspects of Greek life.” (http://www.fipg.org/)

College Events

For special events, the College may purchase alcohol for attendees of legal drinking age.

Alcohol for a College event must be approved in advance by the responsible Senior Officer and VP for Finance and Administration.

If students are present, an FPS employee or third party security must be in attendance for the entirety of the event to check id’s and monitor the function. Students must use F&M ID (checked with birthday list) and guests must show a valid state license.

If students are present, a College- approved bartender (T.I.P.S.- trained or licensed vendor) must be present at the event to serve the alcohol.

Attendees under 21 must be designated as such and not be served alcohol.

Sufficient food and non-alcoholic beverages (in addition to water) in proportion to the number of people in attendance must be present throughout the function.

Alcohol cannot be charged for or sold; it must be distributed free of charge due to state liquor commission regulations.

Alcohol will be purchased by the College, either through the food service provider or a local business by a designated College employee for on-site events and functions.

All unused alcohol will be returned for credit at the location of purchase or placed into inventory with the food service provider for use at a later date. Individuals, departments or offices are not allowed to store unused alcohol for future events or functions.

Alcohol Policy – Violations

In all circumstances, the totality of the circumstances will be considered in assessing violations and sanctions

Sanctions

First minor violation (No Strike)

These violations include but are not limited to:

Underage consumption/possession/ transportation of beer/wine

Drinking or possession of an open container of beer/wine in any public area unless explicitly authorized, regardless of possessor’s age

Failure to register a private party

Parent and Coach Notification Disciplinary reprimand

Loss of private party registration privilege for a period of time

Subsequent or Additional Minor Violations (One Strike)

Disciplinary reprimand

Parent and Coach Notification

Wellness course assessment fee of $100

Wellness course

Major Violations (One or Two Strikes)

These violations include but are not limited to:

Underage consumption/possession/ transportation of hard alcohol

Drinking or possession of an open container of hard alcohol in any public area unless explicitly authorized, regardless of possessor’s age

Inducing or coercing others to consume any alcohol

Possession of an unregistered keg or beer ball on College property

Purchasing alcohol for minors or serving or making alcohol available to minors

When the serving or consumption of alcohol contributes to behavior that (1) intimidates or harasses others (2) leads to the destruction of property, (3) infringes on the peace and/or privacy of others.

Prior incidents resulting in a strike

Parent and Coach notification

Probation for one year* with or without notation on student’s transcript at the discretion of the Senior Associate Dean of the College or designee

Wellness course assessment fee of $200

Wellness course

Major Violations (Three Strikes)

These violations include but are not limited to:

DUI

When the serving or consumption of alcohol injures or threatens to injure others (assault)

Parent and Coach notification

Either suspension for one or two semesters without refund, with completion of a certified treatment program as a condition of return and notation on student’s transcript; or expulsion

Drug Policy - Violations

Sanctions

Minor violation (One Strike)

These violations include but are not limited to:

Possession of drug paraphernalia (bongs, pipes, or other items used specifically to consume, inhale, smoke, or inject illegal or controlled substances, etc.)

Probation with or without notation on student’s transcript at the discretion of the Senior Associate Dean of the College or de- signee or either suspension for one or two semesters without refund, with completion of a certified treatment program as a condition of return and notation on student’s transcript; or expulsion if three strikes are issued

Either suspension for one or two semesters without refund, with completion of a certified treatment program as a condition of re- turn and notation on student’s transcript; or expulsion

Health and Well Being Interventions

Any indication that a student may have a problem with drugs or alcohol could result in the following actions to protect the health and wellbeing of that student:

Substance Use Education Group Substance Use Assessment

During the period of Probation, if the student is found in violation of any College policy, the student may be suspended from the College.

A strike will be forgiven one calendar year after the date of the initial violation, provided that the student has not violated any College alcohol or drug policy during that one-year period. For each subsequent 100-consecutive-day period without violations, an additional strike will be removed.

College Amnesty Policy:

The following students will not be subject to the sanctions of the College’s Alcohol Policy. However, Health and Well Being Interventions may still occur. These may consist of a requirement to participate in an alcohol use assessment, as well as other appropriate measures.

Students who are seeking medical, counseling or Public Safety assistance for another student.

Students who are seeking medical, counseling or Public Safety assistance for themselves.

Students for whom medical, counseling or Public Safety assistance has been sought by another student.

The College cannot grant amnesty or immunity from citation or arrest by legal authorities, i.e., the Department of Public Safety, or Lancaster or Manheim Township Police officers.

EMTs are dispatched through the Department of Public Safety. If an EMT is contacted directly by a student, the EMT will instruct the student to call DPS to dispatch the EMT.

This policy grants amnesty from College sanctions only for alcohol consumption. Combative or uncooperative behavior is considered to be misconduct and may invoke sanctions.

PENNSYLVANIA LAW

All persons while in the Commonwealth of Pennsylvania are subject to the Pennsylvania Liquor and Penal Code.

It is illegal for anyone who has not reached the age of 21 to possess, transport, or drink alcoholic beverages in Pennsylvania.

The law also prohibits the selling or furnishing of alcoholic beverages of any kind to persons under 21 years of age by any agency or any person. ‘Furnish’ is defined as: “To supply, give or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged” (Pennsylvania Crimes Code, 1986).

In addition, it is unlawful to misrepresent one’s age to any person to obtain alcoholic beverages or to represent to any person that a minor is of age.

Further, it is unlawful to transport liquor that was not purchased, obtained, or possessed according to Pennsylvania law.

It is illegal to possess, manufacture, or sell a false ID card whether or not the card is used to obtain alcoholic beverages. It is also illegal to attempt to obtain alcoholic beverages by using another person’s ID card.

The law has been interpreted to mean that no person under 21 years of age may pay assessments that will be used in whole or part for the purchase of alcoholic beverages.

Finally, it is against the law to charge admission to an event at which alcohol is being served (or to sell alcoholic beverages) without a liquor license. The College does not have a liquor license.

All students should be aware of the following sections of the 1986 revision of the Pennsylvania Crimes Code, Title 18, Act 31: Liquor Law Violations and Penalties.

Section 6307 Misrepresentation of Age: A person, being under the age of 21, knowingly and falsely represents himself to be 21 years of age or older...for the purpose of procuring or having furnished to him, any liquor or malt or brewed beverages.... FIRST OFFENSE: Summary violation, $300 fine and suspension of driver’s license for 90 days. SUBSEQUENT OFFENSE (S): Misdemeanor III, $500 fine, suspension of license for 1–2 years. MANDATORY SENTENCING.

Section 6308 Possession and Transportation: A person...less than 21 years of age, attempts to purchase, purchases, consumes or possesses, or knowingly and intentionally transports liquor.... Parents notified of arrest. FIRST OFFENSE:

Section 6309 Representing that Minor is of Age (i.e. a person other that yourself): ...guilty of a misdemeanor of the third degree if he knowingly, willfully and falsely represents to any licensed dealer, or other person any minor to be of full age, for the purpose of inducing...to sell, furnish any liquor...to the minor. PENALTY: $300–2,500 fine, one-year imprisonment or both. MANDATORY SENTENCING.

Section 6310 Inducement of Minors to Buy Liquor: ...misdemeanor of the third degree if he hires or requests or induces any minor to purchase, or offer to purchase liquor...from a... licensed dealer for any purpose. PENALTY: as in section 6309 above. MANDATORY SENTENCING.

Section 6310.1 Selling or Furnishing to Minors: A person...intentionally and knowingly sells or...furnishes, or purchases with the intent to sell or furnish, any liquor... to a person... (under the age of 21). FIRST OFFENSE: Misdemeanor III,